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Allahabad High Court directs Dean from Faculty of Obstetrics and Gynecology of the Queen Mary’s Hospital to conduct medical abortion of rape victim of Bahraich

The Lucknow Bench of the Allahabad High Court has directed the Dean, Faculty of Obstetrics and Gynecology of the Queen Mary’s Hospital, Lucknow to conduct medical abortion of the rape victim of Bahraich.

The Division Bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari passed this order while hearing a petition filed by the Victim through her Mother.

In this case, the medical experts have examined the petitioner and have found the petitioner to be more than 18 years of age and less than 19 years. Her fetus was found to be 13 weeks and 06 days old. It has been advised that she should approach the hospital as soon as possible to get the fetus aborted.

It has been further stated that no such surgery procedure is completely free from complications. A direction should also be issued by the Court to keep the D.N.A sample for being sent to the Forensic Science Laboratory, for which the police authorities may be directed to take appropriate measures.

Also, it has been advised psychiatric help to be petitioner may be necessary after such medical termination of the pregnancy is carried out.

The Court directed the petitioner to approach the Queen Mary’s Hospital, Lucknow tomorrow itself at 12.00 O’Clock. The Dean, Faculty of Obstetrics and Gynecology shall ensure that medical termination of pregnancy is carried out within one or two days after the admission of the petitioner.

“The Chief Medical Officer, Bahraich shall ensure that an ambulance is provided for the conveyance of the petitioner and her mother to hospital and back home whenever she is discharged. The Superintendent of Police, Bahraich shall ensure that a lady constable accompanies the petitioner and her mother and is present during the entire procedure, so that the D.N.A sample of the fetus can be preserved in accordance with procedure prescribed in law.

It is advised that if psychiatric help is needed, such help shall be provided to the petitioner at the government expenses”, the order reads.

The Court has fixed the next hearing of the petition on 21st November, 2023.

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